Courts of Justice (No, 2) Act, 1928

Validation of judgments to which this Act applies.

3.—(1) A judgment to which this Act applies shall be and shall be deemed to have been as from the 17th day of October, 1928, incapable of being impugned, set aside, or reversed on account of the same having been obtained without any hearing of the summons by the Master or a Judge or without any determination by the Master or a Judge of the judgment to which the plaintiff was entitled, and every order made or proceeding had after the 17th day of October, 1928 (whether before or after the passing of this Act), whereby such judgment was or shall be set aside or reversed on the ground aforesaid shall be and, if made or had before the passing of this Act, be deemed always to have been void and of no effect.

(2) Subject to the provisions of the next following sub-section of this section, every judgment to which this Act applies and every order made, proceeding had, or step taken (whether by way of legal or equitable execution or of registration of a judgment-mortgage or otherwise howsoever and whether before or after the passing of this Act) on foot of such judgment shall be and, if obtained, made, had, or taken before the passing of this Act, shall be deemed always to have been as valid and effectual as the same would have been if such judgment had been obtained after a hearing of the summons by the Master or a Judge (as the case might require) and the determination by the Master or such Judge of the judgment to which the plaintiff was entitled.

(3) Nothing in this Act shall prejudice or prevent a judgment to which this Act applies or any order made, proceeding had, or step taken (whether before or after the passing of this Act) on foot of such judgment being set aside, reversed, vacated or avoided, whether before or after the passing of this Act, on any ground other than on account of such judgment having been obtained without any hearing of the summons by the Master or a Judge or without any determination by the Master or a Judge of the judgment to which the plaintiff was entitled.